ERISA plan is not subject to the strict ERISA fiduciary standards, but it is subject to state law and other standards.
For example, Federal, state, or local government plans and some church plans are not covered.
The employer maintaining the plan or the plan administrator of a Pension or Welfare benefit plan covered by ERISA. File Form 5500 to report information on the qualification of the plan, its financial condition, investments and the operations of the plan.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
Several of ERISA's provisions preempt state law. ERISA's “preemption clause” makes void all state laws to the extent that they “relate to” employer-sponsored health plans.
Nonqualified retirement plans are savings vehicles that are not subject to the rules of the Employee Retirement Income Security Act (ERISA). They do not replace tax-qualified plans like 401(k)s, but they can offer additional employer-sponsored incentives for high-ranking personnel and key executives.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
Contact your regional EBSA office to file a complaint or an appeal after exhausting your insurance appeals process. You can also find ERISA information through the U.S. Department of Labor online at .dol/ebsa.
Key Agencies Enforcing and Interpreting ERISA Law The key players are the Employee Benefits Security Administration (EBSA), a division of the Department of Labor, and the Pension Benefit Guaranty Corporation (PBGC), a federally chartered corporation.
(Under ERISA, states can regulate “the business of insurance.”) As a result, when issues arise with their health coverage, residents of California, like those in other states, may or may not have recourse to state regulatory agencies, depending on whether their employers have purchased fully insured products or have ...